TNAG-1709-FCO40-2384-Hong-Kong-narcotics-offences-and-drug-trafficking-1988 — Page 130

SJAAPX

Mr Fifoot,

Deputy Legal Adviser

RESTRICTED

HKK 385/1

Reference....

HUD 382

RECEIVED IN REGA

2 6 JUN 1987

CIS

mek 9/3

HONG KONG: UN CONVENTION ON ILLICIT DRUG TRAFFICKING

1.

A

B

My apologies for consulting you at rather short notice on the attached letter from the Acting Commissioner for Narcotics, Hong Kong.

2.

I

I now understand (though was not previously aware) that this subject was raised by Hong Kong with us last year (Annex B to Mrs Allcock's letter). Mrs Allcock's earlier letter raised a number of detailed queries about the draft UN Convention (Annex A), and you advised Mr Barton on these in your minute of 2 February. understand your advice has been passed on to the Home Office, and NCAU, for further consideration. However, there is one major point, briefly raised in earlier correspondence, on which I now seek your urgent advice. This point concerns the mechanism by which the Convention may in due course be extended to Hong Kong.

3.

Hong Kong rightly remind us that they are owed a reply on this point; and that (page 3 of Mrs Allcock's letter) an early opportunity to explore possible arrangements with the expert intergovernmental group now examining the draft Convention will arise at the group's first meeting (which a UK delegation will

If we are to agree attend) in Vienna between 29 June and 10 July.

a line to be taken with this with Hong Kong (and the Home Office) on group in order to secure the sort of arrangement Hong Kong is seeking, we shall plainly need to move very fast.

4.

As I understand the position, Hong Kong has (rightly, it would seem) abandoned its aim of separate contracting party status under the new Convention. Instead they are seeking that provision be made in the draft for Contracting parties (i.e. UK in this case) to declare that parts or their territories may make their own arrangements to implement the enforcement, etc, provisions of the Convention. A fallback position, based on Article 28 of the 1971 Convention of Psychotropic Substances, is also suggested.

5.

I should be grateful for your urgent advice on how, after further discussion with NCAU and the Home Orfice, we might respond to Hong Kong's proposal. From the arguments in Mrs Allcock's letter, there is plainly a need to ensure that Hong Kong is able to

ir China implement these provisions separately from the UK and becomes a party to the Convention after 1997 separately from

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